The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-12-11

Taxing District to have the full use and
benefit of the same during his term of
office, and us much longer rs he did not
desire to use the ground for his own pur-
poses. said houses, ms n simple calcula-
ton will demonstrate, in the course OF two
or three years would reimburse the Taxing
District for said sum so expended, and
they have already more than half paid the
same by the rents So received, all of which
has been turned over and belongs to the
Taxing District.
Defendant has never at any time
claimed to have any interest or ownership
either in the said houses or in said rents,
and does not now do 50; nor has he ever
exercised or asserted, directly or indirect
ly, any ownership in or claim to title there
OF lie was never foolish enough to sup
pose that he could claim the same against
the Taxing District nor has he ever had
the remotest desire to do 50.
at was his purpose at the time he SO
had them erected, and has been ever
since, TO give the Taxing District all the
benefit derived from them, both in the ac-
commodation il gave its employees and in
the revenue derived thereirom.
'lle has always supposed, and is advised
and believes the law TO be, that the Taxing
District is the sole owner OF said two
houses, and could either sell or remove the
same at any time at its pleasure. lie is
more than willing TO permit the same 10
stand Us they are now until the end OF his
term Of Office and as much longer MS he
may not desire TO use the ground upon
which they stand, free from any charge or
claim Of rent on his part, and at the expi-
nI ~ yrh m m ira
the possession OF said ground, he is entire
ly willing to pay the then value of said
two houses as they stand, or il there can
be any doubt as to the entire fairness of
this, then he is entirely willing to pay the
original cost of same. Defendant further
answering, says the said two lots, 80 owned
by him, covering nearly an acre and a half
of ground, hive been used under his permis-
sion by the various departments of the
Taxing District as place for the storage OF
lumber, material and oil sorts Of odds and
ends belonging to the Taxing District, and
for which there was no present need, and
has been in point of fact Tor the past year
so used TO the exclusion OF any beneficial
ownership by defendant.
Defendant has never asked or charged
any rent therefor, and does not propose to
that the Taxing District should pay the
taxes thereon, though as TO this he sub
mits 10 the judgment OF the court; acting
upon this view, however il is proper To
say, he has directed the payment by the
Taxing District Of the taxes for the past
year during which II has 80 occupied said
lot.
1.-THE allegation Of the bin, that said i'm.
the defendant, David L. lladdcn, upon
said lot, which were then and are now his
own individual property, except that a
| portion Of one Of the said stables was built
upon lot claimed to be owned by the
heirs OF w. 4. Butler, and for which they
have brought suit, is 50 worded rs 10 be
misleading, whether so intended or not.
at conveys the impression that the heirs
OF Butler were setting mp claim 10 said
lot at the time 1t was improved by the
Taxing District, when, in fact, il had never
been set up, and Therefore could never have
been heard OF, until the recent bringing
OF said suit, on the - day Of October,
1887.
defendant believes that said claim Is
wholly unioundcd. The city has been in
the pcaceable and undisturbed possession
OF said lot, claiming and holding the same
as its own, without hostile claim from any
source whatever, Tor more than twenty
| five years.
Defendant has now made n fair, full
aud unrcserved statement Of the facts and
| circumstances complained NJ.
This Is the iirst opportunity that hai
been afforded him To make record state
mcnt OF the same, though these facts and
NsHfHs. "a. a..
! ayOwed. and well and generally
known from the beginning Of the trans.
actions in question. lie was nj the time
81 the doing Of all these things fully aware
! that he, ns president Of said Taxing District.
could not be- Interested in any contract by
which lac might directly or Indirectly be-
benefited. Whilst this Is true. Il lid not
| occur 10 him at the time, aud hC does not
now believe that the comforting of mere
/ gIutuity by him upon slid district was a
violation Of either the letter or the spirit OF
/ said law. lie never supposed that lac was
receiving in point OF fact, directly or IN.
! directly, the slightest benefit or advantage
IN said transactions; ON the contrary, hc
| knew ut the time, n hc does now, that the
reverse WIS the case The TnVing District
| during the years lac hts been H. president
I
! in H. Legitimate corporation operations for
the want Of money. Tie has given his en-.
/ tire time and best energies to H. Affairs, aud
| has cndcayorcd by strict economy Ia save
money ut every possible turn. II was only
by such coupc ~ this that ho and his
! colleagues hope Ia place the district upon
n sound financial basis, and at the same
| time give its people the benefit OF IT,
]
was solely In this spirit, and nc7intcd alone
| 10y this motive, that hcorilcrrd the erection
OF said stable, etc, ~ above detailed. lie
saw that 10y the expenditure Of n compar.
! lively small SUN OF money hc could give
| the district the necessary accommodation
| impcmtiycly demanded by the engineers
| the district could he reimbursed IN the
course Of three or four years In the saving
| II rents, and still have large, commodious
and permanent buildings for said depart.
! mcnt. 10 accomplish such result
lac was entirely willing 10 make
the dedication Ia the Taxing District Ol
the said bayou, and give 90 Il the use 81
! the rest NJ the said lot M above set forth.
ut has seemed 10 him amazing that q
transaction so palpably In The Interest 81
the Taxing District, and ~ plainly without
benefit 10 himself, could be distorted into
an effort on his pant 10 take an unfair al.
vantage IT the district. In point of fact.
he knows, aud can demonstrate, that the
district II the gniner by this transaction "a
the extent Of 10 least $1,000. And now,
having fully answered, respondent pmy-
! 20 be- hence dismissed, ctc."
|
A Word About Catarrh.
at 81 the mucous membrane, that wonderful